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2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 3 - PROBATE OF WILLS AND ADMINISTRATION
Section 62-3-713. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
Universal Citation: SC Code § 62-3-713 (2018)
Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure unless:
(1) the will or a contract entered into by the decedent expressly authorized the transaction; or
(2) the transaction is approved by the court after notice to interested persons.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
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